1) Balfour v Balfour [1919] 2 KB 571 Husband wife dispute (but living in amity) the ratio decidendi was: when married persons enter into domestic agreements, the reasonable assumption is that they do not intend such agree...

CH 15 AGENCY LAW CONCEPT OF AGENCY: Person (A) can authorise Person (B) to act on their behalf o E.g. corporations can only act through agents Authorised acts done by B on behalf of A have same effect as if done directly b...

BLAW CH 3 SOURCES OF LAW: CASE LAW BASIC PROCEDURE IN A CIVIL CASE: Civil litigation begins with an exchange of written documents (pleadings drafted by the plaintiff) in order to define the nature and extent of the dispute...

BLAW CH 5 MAKING A CONTRACT WHAT IS A CONTRACT? A legally enforceable agreement between two or more persons who are called the parties to the contract Contracts create legal obligations correlative rights and duties Contra...

BLAW CH 6 THE TERMS OF A CONTRACT WHAT IS A TERM? A particular agreed promise made in circumstances that enables the inference that it was legally binding Terms of a contract the entire contents of a legally enforceable ag...

BLAW CH 711 AUSTRALIAN CONSUMER LAW NEED TO REGULATE CONSUMER CONTRACTS: Consumers are disadvantaged with supplies of goods services because: o They have less negotiating power o Less well organised o Lack information abo...

CH 12 TORT LAW TORT: Provides liability for wrongful conduct causing harm Tort law provides private right of action for compensation OR order to stop continuingthreatened harm (injunction) Tort law recognises types of harm...

BLAW CH 1 ORGANISATION OF LAW AND GOVERNMENT IN AUSTRALIA TYPES OF LAW: Rules of conduct that accord with our realised experiences in the physical world NATURAL LAW E.g. natural responsibility for parents to look after the...

BLAW CH 2 SOURCES OF LAW: LEGISLATION LEGISLATION: Law enacted by legislature (legislature known as Act or statute) There are 9 governments in Australia with lawmaking powers (9 different legislatures) Every legislature is...

BLAW CH 9 REMEDIES FOR BREACH OF CONTRACT TYPES OF REMEDIES FOR BREACH OF CONTRACT: Common law remedies o Damages to compensate for loss o Terminating the right to perform Equitable remedies o Specific performance o Injunc...

BLAW CH 10 FACTORS THAT INVALIDATE CONTRACTS BEHAVIOUR IN CONTRACTS: If a contract is entered into where a partys behaviour is contrary to good conscience, may be treated or declared by court as void Contract is void ab in...

Law: rules (ought to aim at goodfair outcomes) of conduct that are recognised, applied and enforced by the power of the state. In larger groups, non-legal rules become inadequate.-Legal rules (enforced by the state)-Non-le...